The charge is pending, awaiting a decision from the district attorney on whether to retry Booker on the attempted murder charge.

Booker was found guilty on seven other charges, including aggravated assault of a police officer, first degree assault and criminal possession of a weapon.

Booker was charged with shooting Ithaca Police Officer Anthony Augustine in October. Augustine is still recovering from his injuries.

He is scheduled to be sentenced on June 28 in county court.

Ithaca's acting police chief John Barber issued the following statement, saying he was disappointed in the jury's decision.

"The hung jury on the most serious charge is a blow to the men and women who serve and protect our community, but it will not bend our commitment to providing the citizens of Ithaca with the best possible police service," said Barber. "Officer Augustine is alive today thanks to his will to survive. The courage that Officer Augustine has displayed in refusing to allow evil to prevail since that fateful night in October is the epitome of what the Ithaca Police Department strives to achieve each day."

He also thanked members of the law enforcement community and other first responders for their show of support during the trial.